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Which of the following statements is not correct regarding 'admission' under Section 17 of the Indian Evidence Act?
Question

Which of the following statements is not correct regarding 'admission' under Section 17 of the Indian Evidence Act?

A.

Admission operates as a waiver of proof.

B.

Admission is a statement which is necessarily against one's own interest.

C.

A statement which suggests some inference as to fact-in-issue or relevant fact, may be an admission.

D.

It is generally irrelevant as to whom an admission is made.

Correct option is A


The correct answer is (a) Admission operates as a waiver of proof. This statement is not correct because an admission, while it may be strong evidence against the party making it, does not automatically operate as a waiver of proof. It can be used as evidence, but the opposing party may still be required to prove its case unless the admission is accepted as conclusive by the court or the parties agree to it.
Information Booster:
Admissions (Section 17, Indian Evidence Act): Admissions are statements made by a party to a legal proceeding or their representative that suggest an inference as to any fact in issue or relevant fact. These statements are generally admissible as evidence but do not waive the need for proof unless specifically agreed upon or ruled by the court.
Additional Knowledge:
· (b) Statement Against One’s Own Interest: While admissions are often against the interest of the party making them, this is not always the case; the statement can be neutral or even self-serving but still considered an admission if it relates to the facts in issue.
· (c) Inference as to Fact-in-Issue: Admissions include any statements that suggest an inference regarding the facts in question, even if they are not directly against the party’s interest.
· (d) To Whom an Admission is Made: Generally, it is irrelevant who hears the admission; what matters is the content and relevance of the statement.

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